HomeMy WebLinkAboutR-2002-075 RESOLUTION NO. 2002-075
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR
ARCHITECTURAL AND ENGINEERING SERVICES UNDER
THE NYBERG-SWANSON HOUSE PHASE II HISTORIC
PRESERVATION GRANT AWARD IN AN AMOUNT NOT TO
EXCEED $48,932.00, IN ACCORDANCE WITH RESOLUTION
NO. 2001-136; WITH THE SOLE PROVIDER, ANTHONY
ABBATE ARCHITECT PA, WITHOUT COMPETITIVE BIDDING
AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), provides that during unusual conditions or emergencies, the City Commission
may, by resolution, authorize the purchase by the city Manager of designated supplies,
services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00)
without competitive bids and without advertisement for bids; and
WHEREAS, the City Manager has determined that it is necessary to purchase
designated services; and
WHEREAS, the City Manager has determined that such services can be rendered to the
City with the most experienced performance from Anthony Abbate Architect PA in an amount
not to exceed $48,932.00, attached as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA.
Section 1: That the City Manager is hereby authorized to sign a contract between the
City of Dania Beach and Anthony Abbate Architect PA for the architectural and engineering
services in an amount not to exceed $48,932.00, attached as Exhibit A. The City Manager and
City Attorney are authorized to make minor revisions to said exhibits as are deemed necessary
and proper for the best interests of the City.
Section 2. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
1 RESOLUTION NO. 2002-075
PASSED AND ADOPTED THIS 28" DAY OF MAY, 2002.
J
OB RT CHUNN, JR.
MAY R— COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
614ARLENE JO�l
SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO F RM AND CORRECTNESS:
-,\,A /n
BY: �'
THO A J. N BRO
CITY ATTORNE
2 RESOLUTION NO. 2002-075
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on ,
2002, between: THE CITY OF DANIA BEACH, FLORIDA, a munici corporation, (the
"City") and ANTHONY ABBATE, ARCHITECT, P.A., (the "Architect").
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration,the adequacy and receipt of which
are acknowledged, the parties agree as follows:
1. Scope of Services. The Architect agrees to perform professional services for
the City in connection with the Nyberg-Swanson House, in accordance with the scope of
services described in Exhibit "A", a copy of which is attached and made a part of this
Agreement by this reference. The City acknowledges and agrees that services will
commence on June 17, 2002 and that that date is the effective date and commencement
date of the services.
2. Subcontracts. Architect may subcontract certain items of work. It is
expressly agreed by the parties, however, that the City shall approve in advance in writing
any subcontractors and the fees to be paid them prior to any such subcontractor or any
subconsultants proceeding with any such work. Architect warrants and represents that the
retention of any professional subconsultants to provide services within the scope of the
practice of architecture, professional engineering, landscape architecture, or registered
land surveying, as defined by the laws of the State, will comply with the Consultant's
Competitive Negotiation Act such that the compensation paid to such retained
subconsultants would be less than the threshold amount triggering the application of such
Act.
3. Payment for Services.
A. City agrees to pay Architect for services provided by Architect, as
described in Section 1, an agreed upon total amount specified in Exhibit "A" of forty eight
thousand nine hundred and thirty two Dollars ($48,932.00) (the "Fee"). The Fee includes
full payment, including all labor, overhead, other costs, Architect fees and profit. City
agrees to reimburse Architect for out-of-pocket costs without any administrative charges or
surcharges for same. To the extent possible, all such costs must first be disclosed to, and
approved in writing in advance by, the City. Documentation as to expenditures for such
costs must be submitted to City in sufficient detail to clearly evidence each such item and
its cost. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade,
Broward and Palm Beach Counties, approved in writing in advance by the City and payable
at the State of Florida reimbursement rates for state employees.
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B. Any necessary additional work, as determined by City, which is not
covered by the scope of work described in the attached Exhibit"A", shall not be undertaken
without a written amendment to this Agreement to that effect, executed in advance by both
parties. The parties agree, however, that the amounts payable for such additional work, if
authorized by City, are those "time charges" as prescribed in Exhibit "A".
C. Architect shall submit its invoices in the format and with supporting
documentation as may be required by City.
D. City shall pay Architect monthly for services rendered within thirty(30)
calendar days from date of approval of each of Architect's invoices by the City Manager. If
any errors or omissions are discovered in any invoice, City will inform Architect and request
revised copies of all such documents. If any disagreement arises as to payment of any
portion of an invoice, City agrees to pay all undisputed portions and the parties agree to
cooperate by promptly conferring to resolve the disputed portion.
E. Any invoice that is not timely paid as prescribed above will be subject
to the accrual of interest at the statutory rate prescribed by applicable Florida law.
F. If the approval of City is requested by Architect for any plan, drawing,
specification, design, cost measure, or any other project item or thing, and such proposal,
suggestion or recommendation requires the City's selection,choice or acceptance, then the
® approval of any or all of the foregoing shall not be deemed to be an acceptance of or
responsibility for an incorrect, inaccurate, mistaken or defective item or thing, nor shall it be
construed to relieve Architect from liability or responsibility to properly perform the duties
and responsibilities of Architect as set forth in this Agreement.
4. Indemnification of City.
A. Architect agrees to indemnify and hold harmless the City for all costs,
losses and expenses including, but not limited to, damages to persons or property
including, but not limited to,judgments and attorneys'fees arising out of the negligent acts,
errors or omissions or the willful misconduct of the Architect, its agents, servants or
employees in the performance of services under this Agreement. If called upon by the
City, the Architect shall assume and defend not only itself, but also the City, in connection
with any suit or cause of action arising out of the foregoing, and such defense shall be at
no cost or expense whatsoever to the City. This indemnification does not extend to acts of
third parties who or which are wholly unrelated to Architect. The covenants and
representations relating to this indemnification provision shall survive the term of this
Agreement and continue in full force and effect as to Architect's responsibility to indemnify
the City.
B. It is specifically understood and agreed that the consideration inuring
to the Architect for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
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C. The execution of this Agreement by the Architect shall obligate the
Architect to comply with the foregoing indemnification provision; however,the limitation of
liability set forth in paragraph 5 shall be controlling.
5. Limitation of Liability. To the fullest extent permitted by law, and
notwithstanding any other provision of this Agreement, the total liability of the Architect to
the City and anyone claiming by, through or under the City, for any and all claims, losses,
costs or damages whatsoever arising out of, resulting from or in any way related to the
Agreement from any cause of causes including, but not limited to, the negligence,
professional errors or omissions, strict liability or breach of contract,or warranty, express or
implied, of the Architect shall not exceed the total amount of Ten Thousand Dollars
($10,000.00).
6. Assignment of Agreement.
It is understood and agreed by both parties that this Agreement, in whole or
in part, cannot be assigned, sublet or transferred by the Architect without the prior written
consent of City. The City is relying upon the apparent qualifications and expertise of
Anthony Abbate, R.A., A.LA., and such person's familiarity with the City's circumstances
and desires. In the event Architect wishes to re-assign or replace such individual, the
Architect shall tender substitutes acceptable to City. In the event the City is not, for any
reason or no reason at all, satisfied with such substitute, Architect shall be considered in
® breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach
of Agreement by Architect and City may, at its discretion, terminate this Agreement for
cause and all rights, title and interest of Architect in this Agreement shall then cease and
terminate.
7. Examination of Records. Architect shall maintain books, records,documents
and other evidence directly pertinent to performance of work under this Agreement in
accordance with generally accepted accounting principles and practices. The Architect
shall also maintain the financial information and data used by the Architect in the
preparation of support of any claim for reimbursement for any out-of-pocket expense or
cost.The City shall have access to such gooks, records,documents and other evidence for
inspection, audit and copying during normal business hours. The Architect will provide
proper facilities for such access and inspection. Audits conducted under this section shall
observe generally accepted auditing standards and established procedures and guidelines
of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have
application to records or documents pertaining to this Agreement and Architect
acknowledges that such laws have possible application and agrees to comply with all such
laws.
8. Termination.
A. Termination of Agreement for Convenience. It is expressly understood
and agreed that the City may terminate this Agreement at any time for any reason or no
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reason at all by giving the Architect notice by certified mail, return receipt requested,
directed to the principal office of the Architect, thirty(30)days in advance of the termination
date. In the event that the Agreement is terminated pursuant to this provision,the Architect
shall be entitled to be compensated for the services rendered from the effective date of
execution of the Agreement up to the termination date. Such compensation shall be based
on the fee percentage of work completed, as fairly and reasonably determined by City after
conferring with Architect.
B. Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Architect five (5) days' advance written notice. If
Architect promptly cures the matter giving rise to the cause within that time,this Agreement
shall continue. If not timely cured, the Agreement will stand terminated and the City will
pay Architect for work completed less any costs, expenses and damages incurred by City
as a result of such termination. If a court of competent jurisdiction determines that the
termination was not authorized under the circumstances then the termination shall be
deemed to be a termination for convenience.
9. Ownership of Documents. All correspondence, studies, data, analyses,
documents, instruments, applications, memorandums and the like, including drawings and
specifications prepared or furnished by Architect(and Architect's independent professional
subcontractors or subconsultants) pursuant to this Agreement shall become owned by and
be the property of the City and the City shall consequently obtain ownership of them by any
statutory. common law and other reserved rights, including copyright; however, such
documents are not intended or represented by Architect to be suitable for reuse by City on
extensions of the Project or on any other project. Any such reuse, modification or
adaptation of such document without written verification or permission by Architect for the
specific purpose intended will be at City's sole risk and without liability or legal exposure to
Architect or to Architect's independent professional subarchitects. If City alters any such
documents, City will expressly acknowledge same so that no third party will be in doubt as
to the creation or origination of any such document.
10. Notices. Except as provided above, whenever either party desires to give
notice to the other, it must be given by written notice, sent by certified U.S. mail,with return
receipt requested, addressed to the party for whom it is intended, at the place last specified
and the place for giving of notice in compliance with the provisions of this paragraph. For
the present, the parties designate the following as the respective persons and places for
giving of notice:
City: Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
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® With a copy to: Thomas J. Ansbro, City Attorney
Weiss Serota Helfman
3107 Stirling Road
Hollywood, Florida 33312
Architect: Anthony Abbate, R.A., A.I.A.
Anthony Abbate Architect
808 East Las Olas Boulevard, Suite 105
Fort Lauderdale, Florida 33301
954-463-8596
11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal
action arising out of or pertaining to this Agreement shall be the Circuit Court for the
Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court
in the Southern District of the United States. Each party further agrees that venue of any
action to enforce this Agreement shall be in Broward County, Florida.
12. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
13. Attornevs' Fees and Costs. If City or Architect incurs any expense in
enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear
its own costs and expenses including, but not limited to, court costs and reasonable
attorneys' fees.
14. Headings. Headings in this document are for convenience of reference only
and are not to be considered in any interpretation of this Agreement.
15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of
this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by
this reference.
16. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of
this Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable, shall not be affected,
shall continue in full force and effect, and shall be enforced to the fullest extent permitted
by law.
17. All Prior Agreements Superseded. This document incorporates and includes
all prior negotiations, correspondence, conversations, agreements and understandings
applicable to the matters contained in this Agreement and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written.
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18. Independent Contractor. Architect and its employees and agents shall be
® and remain independent contractors and not employees of City with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking, enterprise or venture between the parties to this Agreement.
19. City Budget Restrictions. The Architect understands and agrees that the City,
during any fiscal year, is not authorized to expend money, incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year and that any
contract, verbal or written, made in violation of this subsection is null and void and that
consequently, no money may be paid on such contract beyond such limits. Nothing
contained in this Agreement shall prevent the making of contracts for periods exceeding
one (1)year, but any contract so made shall be executory only for the value of the services
to be rendered or agreed to be paid for in succeeding fiscal years. Architect shall not
proceed with services under this Agreement without City's written verification that the funds
necessary for Architect compensation and other necessary expenditures are budgeted as
available within the appropriate fiscal year budget.
20. Conflict of Interest. Architect warrants and represents that no elected official,
officer, agent or employee of the City has a financial interest, directly or indirectly, in this
Agreement or the compensation to be paid under it and,further,that no City employee who
acts in the City of Dania as a "purchasing agent" as defined in Chapter 112, Florida
Statutes, nor any elected or appointed officer of the City of Dania, nor any spouse or child
of such purchasing agent, employee or elected or appointed officer, is a partner, officer,
director or proprietor of the Architect and, further, that no such City employee, purchasing
agent, City elected or appointed officer, or the spouse or child of any of them, alone or in
combination, has a material interest in the Architect. Material interest means direct or
indirect ownership of more than five percent (5%)of the total assets or capital stock of the
Architect.
21. Compliance With Laws. Architect shall comply with all federal, state and City
laws applicable to the Architect services and specifically those covering Equal Opportunity
Employment, the Americans With Disabilities Act ("ADA") and the South Florida Building
Code. The Architect is expected to fully comply with all provisions of all laws and the City
reserves the right to verify the Architect's compliance with them. Failure to comply with any
laws will be grounds for termination of the Agreement for cause.
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® 22. Conflict of Agreement Terms. In the event of any conflict between any
provisions of this Agreement and any provision in Exhibit "A", the parties agree that the
provisions of this Agreement are controlling (including, but not limited to, all terms and
provisions governing compensation).
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year fist above written.
CITY:
CITY OF DANIA BEACH,
a Florida municipal corporation
ATTEST:
CHARLENE JOIN 3UN CITY CLERK
/CYAN AT ` , CITY MANAGER
f
ROB RT CHUNN, MAYOR
APPROVED FOR ORM AND CORRECTNESS:
THOMAS� . NSBRO, CITY ATTORNEY
ARCHITECT:
Signed, sealed and delivered ANTHON ABBATE, ARCHITECT, P.A.
in the presence of:
� c�h By: i
Witness A TH ABBAT , R.A., A.I.A.
Pre -'dent
Witness
• Page 7of8
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me onYA& I� , 2002,
by Anthony Abbate, R.A., A.I.A.,of Anthony Abbate, Architect, P.ACC.//, a Florida professional
association, on behalf of the professional association. He is personally known tome or
has produced �/>f 7 ¢(J/�S � ,�r� as identification nd did (did not)
take an oath.
NOTARY PUBLIC, Sta4ofrida
Print, Type or Stamp Commissioned
Name of NotaryPublic and Expiration Date: oa r pU MIS G. Fry
p � `��Comml�gsClo(�n��#C1C 7�}7(9 80
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05/17/02
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Anthony Abbate Architect PA EXHIBIT `A'
. 1.General comments:
The professional services described herein shall be provided by Anthony Abbate Architect
PA and his consultants (the "Architect"). We have reviewed the conditions for this
proposal based on the following:
1.1. Meeting and site visit on 22 March with Kenneth Koch and Bonnie Temchuk.
1.2. Scope of Work authorized by an Historic Preservation Grant Award Agreement
between the State of Florida and the City of Dania Beach (the "Client") a copy of which is
attached (Exhibit"A").
1.4. The project feasibility is subject to review of applicable flood control regulations, if
any, the Florida Building Code, the Secretary of the Interior's Standards for Rehabilitation,
and approval by the City of Dania Beach.
1.5. The Project location is: 101 West Dania Beach Boulevard, Dania Beach, Florida.
2. Project Description
2.1 The Scope of the Project consists of the following:
2.1.1. Research of existing documentation and drawings of the property.
2.1.2. Architectural survey and documentation of the existing conditions.
2.1.3.Architectural and engineering design for the following:
1. Selective demolition;
2. Restoration of interior doors;
3. Restoration/remodel of rear porch;
4. Verify restoration of dormers and chimney;
5. Verify load path reinforcement;
6. Storm shutter design;
7. Plumbing and electrical design in connection with modifications to bathroom
and removal of 2"d floor bathroom;
8. Specifications for renewal of interior finishes and trim;
9. Specifications for rehabilitation of kitchen;
10. Specifications for miscellaneous carpentry repairs;
11. Specifications for painting
2.2. The State of Florida, Florida Department of State, Historic Preservation Grant Award
Agreement Special Category Grant No. SC248 stipulates a scope of work including all of
the above items.
3. Architect's services: The architect and his specialist engineers will provide design
services described as follows:
3.1. Stage 1: Documentation and Research. Analyze the client's requirements and
conduct field survey and investigation of,the existing conditions. Review all existing
documentation, if any, and conduct testing if required by the architect or specialist
engineers. Review compliance with the Secretary of the Interior's Standards for
Rehabilitation and the Florida Building Code. Prepare a schematic plan illustrating the
proposed improvements and recommendations for owner review and approval.
3.2. Stage 2: Development of Materials and Assemblies. Develop the scheme design,
including mechanical air and ventilation systems, plumbing and fixtures, electrical,
lighting, structure, and finishes.
3.3. Stage 3: Preparation of Documents. Select and develop specifications for assemblies
and systems of construction. Prepare construction documents and applications, on the
Owner's behalf, for local government review and permissions.
3.4. Stage 4: Construction Procurement. Provide construction documents for the bidding
process. Review list of qualified contractors. Respond to contractor requests for
clarification and information. Review bids and advise on the selection of contractors.
3.5. Stage 5: Construction administration. Review shop drawings. Respond to Contractor
requests for information. Visit the site at reasonable and appropriate intervals to observe
progress, assess conformance to the contract and the design intentions indicated in the
drawings and specifications. Advise the owner as to conformance with the contract and
review applications for payment.
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Anthony Abbate Architect PA EXHIBIT 'A'
The conditions of the architect's appointment are described in the American Institute of
Architects standard form agreement AIA B141-1997. This document will be reviewed with
the Owner upon acceptance of the proposal for services.
4. Client's responsibilities
4.1. The Client will provide necessary ownership and property documentation as required
for government reviews and approvals, including Survey and Flood Elevation Certificate.
4.2. The Client will provide all necessary testing, including asbestos testing, if needed or
as required by local government.
4.3. The Client will provide full information about the objectives, constraints, existing
conditions, schedule, and budget.
4.4. The Client will establish a budget and time schedule with reasonable contingencies to
meet the project requirements.
4.5. The Client will employ contractors licensed in the state of Florida with certificates of
competency in Broward County and local jurisdictions as required to perform the work.
4.6. The Client will provide normal insurance coverage for the benefit of the project.
4.7. The Client will provide full information pertaining to grant requirements and objectives
as requirements and conditions to the scope, and the acceptance, of the work.
5. Professional fees.
5.1. Billing shall be monthly.
5.2. Payments are due upon receipt of invoice and payable within 30 days.
5.3. The Architect's compensation is agreed as follows:
5.3.1. Total Fee
5.3.2. The compensation to the Architect, an agreed upon total fee (the "Fee") for the
services described in Section 3, Stages 1 through 5 (above), shall not exceed $
48,932.00.
® 5.3.3. Time charges are based on hourly rates of $120.00 for the principal
arch itect/engineer, $75.00 for intern architect, and $45.00 for clerical staff.
6. Reimbursable expenses. In addition to the professional fees for services provided,
reimbursable expenses for out-of-pocket costs without any administrative charges or
surcharges, include:
6.1. Cost for photocopy and other mechanical means of reproduction, travel mileage
outside of Miami-Dade, Broward, and Palm Beach Counties, long distance telephone
expenses, photographic materials and processing, computer plotting, messengers and
couriers, and consultants other than those identified here shall be billed at direct costs.
7. Additional services: Services considered additional to the basic services outlined in
paragraph 2 (above) include for example:
7.1. Changes to an agreed upon scope and design initiated by, or agreed to by, the Client.
End of Exhibit'A'
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